sec.10Preparation and approval of property plan

### sec.10 Preparation and approval of property plan An owner may make application to the chief executive for approval of a property plan for soil conservation for an area of land, in this part referred to as the subject land , owned by the owner. A property plan shall delineate the boundaries of the subject land and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any over purpose within the scope of this Act. For the purpose of this part, land shall be deemed to be affected by the implementation, amendment or revocation of a property plan where it— is owned by a person other than the owner of the subject land; and is contiguous to the subject land; and discharges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would— change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or change the location of receipt of run-off water from the subject land; or increase the risk of damage to the lower land in the event of failure of the proposed works. Where land other than the subject land would not be affected by the implementation of a property plan, the chief executive may, with the agreement of the owner of the subject land, approve the plan. Where land other than the subject land would be affected by the implementation of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the plan with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the plan the chief executive may approve the plan. Where the chief executive intends to approve a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the plan, the chief executive shall— by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan. Where no objection is lodged within the period referred to in subsection (6) , the chief executive may approve the property plan. Where an objection to the proposed property plan is lodged but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn, the chief executive may approve the plan, modified where applicable to incorporate those determinations. Where an appeal is determined by the Land Court the chief executive may approve the property plan, modified where applicable to incorporate the determinations of the Land Court and those of the chief executive not appealed against. Where a property plan is approved, the chief executive shall give written notice of that approval together with a copy of the approved plan to— the owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated. s 10 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 (sec.10-ssec.1) An owner may make application to the chief executive for approval of a property plan for soil conservation for an area of land, in this part referred to as the subject land , owned by the owner. (sec.10-ssec.2) A property plan shall delineate the boundaries of the subject land and comprise a map and specifications which describe all soil conservation measures, undertakings, acts, proposals, prohibitions and things designed, carried out, enforced or proposed to be carried out or enforced pursuant to this Act for the purpose of soil conservation or of controlling or directing run-off water flow or for any over purpose within the scope of this Act. (sec.10-ssec.3) For the purpose of this part, land shall be deemed to be affected by the implementation, amendment or revocation of a property plan where it— is owned by a person other than the owner of the subject land; and is contiguous to the subject land; and discharges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would— change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or change the location of receipt of run-off water from the subject land; or increase the risk of damage to the lower land in the event of failure of the proposed works. (sec.10-ssec.4) Where land other than the subject land would not be affected by the implementation of a property plan, the chief executive may, with the agreement of the owner of the subject land, approve the plan. (sec.10-ssec.5) Where land other than the subject land would be affected by the implementation of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the plan with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the plan the chief executive may approve the plan. (sec.10-ssec.6) Where the chief executive intends to approve a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the plan, the chief executive shall— by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan. (sec.10-ssec.7) Where no objection is lodged within the period referred to in subsection (6) , the chief executive may approve the property plan. (sec.10-ssec.8) Where an objection to the proposed property plan is lodged but there is no appeal against the chief executive’s determination of that objection, or an appeal is lodged but withdrawn, the chief executive may approve the plan, modified where applicable to incorporate those determinations. (sec.10-ssec.9) Where an appeal is determined by the Land Court the chief executive may approve the property plan, modified where applicable to incorporate the determinations of the Land Court and those of the chief executive not appealed against. (sec.10-ssec.10) Where a property plan is approved, the chief executive shall give written notice of that approval together with a copy of the approved plan to— the owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated. - (a) is owned by a person other than the owner of the subject land; and - (b) is contiguous to the subject land; and - (c) discharges run-off water from a catchment area greater than 2 ha, under natural or controlled flow conditions, directly or indirectly onto the subject land or receives run-off water directly or indirectly from the subject land, and where the implementation, amendment or revocation of a property plan on the subject land would— (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or (ii) change the location of receipt of run-off water from the subject land; or (iii) increase the risk of damage to the lower land in the event of failure of the proposed works. - (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or - (ii) change the location of receipt of run-off water from the subject land; or - (iii) increase the risk of damage to the lower land in the event of failure of the proposed works. - (i) change the area contributing run-off water to a point on the contiguous boundary with the lower land by more than 10%; or - (ii) change the location of receipt of run-off water from the subject land; or - (iii) increase the risk of damage to the lower land in the event of failure of the proposed works. - (a) by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice that the plan and all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the plan may be lodged in accordance with the provisions of part 5 ; and - (b) serve on, or by post forward to, all the owners, or where an owner is not in occupation, the occupier, of affected land a copy of the notice referred to in paragraph (a) and a copy of the plan. - (a) the owner, or where the owner is not in occupation, the occupier, of the subject land and any affected land; and - (b) the local government for the area in which the subject land and any affected land is situated.